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Continued European Litigation Over Disparate Tax Treatment of Non-EU and EU Pension Funds

Another development has arisen in the ongoing concerns regarding whether local tax rules in EU countries unfairly favor investment by local pension funds over those established outside the EU. The general theory is that...more

Update on Pending Withholding Forms W-4P and W-4R (UPDATED)

Update (January 4, 2022) The updated 2022 Forms W-4P and W-4R have been released...more

IRS Shuts Down US-Malta Treaty-Based Pension Tax Shelter

Over the years, tax shelter ideas have occasionally arisen in connection with the interpretation of some of the pension provisions found in US tax treaties, encouraged, perhaps, by the lack of guidance on many treaty...more

12/31/2021  /  IRS , Pension Funds , Pensions , Tax Shelters

Update on Pending Withholding Forms W-4P and W-4R

Earlier this year, the IRS released draft versions of 2022 Forms W-4P and W-4R for pension and IRA withholding on payments, to be used beginning on or after January 1, 2022. In short, the draft forms split the existing W-4P...more

IRS Guidance on U.S.-Swiss Tax Treaty Pension and Retirement Provisions Includes IRAs

The U.S. has issued an announcement with guidance on how the 2009 amendment to the tax treaty between the U.S. and Switzerland applies to pension and retirement arrangements of both countries....more

UK to Mandate Consideration of Climate Change by Pension Fiduciaries in 2021

On January 27, 2021, the United Kingdom’s Department for Work and Pensions (“DWP”) issued the draft regulation, The Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (the “Regulation”). ...more

Another Major Pension Reform for Multinational Companies to Watch: Netherlands DB to DC

Notwithstanding the pandemic, or perhaps accelerated by the financial and social implications of it, some countries are continuing apace with making significant changes to their pension systems. One that is accelerating is...more

IRS Guidance Provides More Detail on Terminating 403(b) Plans

The Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”), directed that guidance be issued providing that a section 403(b)(7) custodial account could make distributions in kind upon a plan...more

IRS and PBGC Give Sponsors Until January 4, 2021 to Make Contributions Under the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) passed earlier this year delayed the due date of quarterly and final contributions otherwise due in calendar year 2020 to January 1, 2021. But because...more

UK Pension Regulator Issues New Guidance to Employers and Trustees for Pension Risk Transfers to “Superfunds”

For some time, the UK has been working to implement the concept of “superfunds” to consolidate defined benefit (“DB”) plans. We wrote about this early on here. In essence, a superfund would be akin to a collective defined...more

Round One of SECURE Act IRS Guidance Clarifies Some Key Issues for Retirement Plans

IRS Notice 2020-68 (Notice) provides the first round of guidance on a number of provisions under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) and the Bipartisan American Miners Act of...more

Global Pension and Benefits Responses to COVID-19

The US is not the only country that has been making legislative and regulatory changes in the pension and benefits area in response to COVID-19. ...more

IRS Extends More Pension Deadlines For COVID-19

IRS Notice 2020-35 is a follow-on to Notice 2020-23 that provided for a wide range of pension filings and actions that were otherwise due between April 1 and July 14, 2020 that were extended until July 15, 2020. ...more

IRS Proposes Rules on UBIT Changes Affecting Benefit Plan Investors

A pension or welfare plan’s investment in a private equity or real estate partnership, among other investment funds, may give rise to “unrelated business income tax” (“UBIT”)....more

Proposed Major Revisions to the UK Pension Law Introduced

As reported previously, in March of 2018, the UK Department of Work and Pensions issued a white paper calling for significant toughening of the fiduciary duties around pensions.  This was in response to the collapse of a...more

Round One of SECURE Act Guidance – IRA Reporting Relief for 2020 MRDs

IRA providers were concerned with not being able to “stop the presses” when it came to notices being provided in January to IRA owners regarding the need to take 2020 minimum required distributions (“MRDs”)....more

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